238 ESSENTIALS OF VETERINARY LAW 
annexed to every sale, in respect to the title of the 
vendor; and go too in our law, a purchaser of 
goods and chattels may have a satisfaction from 
the seller, if he sells them as his own and the title 
proves deficient, without any express warranty for 
that purpose. But with regard to the goodness of 
the wares so purchased, the vendor is not bound 
to answer; unless he expressly warrants them to 
be sound and good, or unless he knew them to be 
otherwise, and hath used any art to disguise them, 
or unless they turn out to be different from what 
he represented them to the buyer.’’?? The note 
added to the above quotation is so clear and ap- 
plicable in the present discussion that it is here 
added. ‘‘Mr. Christian observes, that the follow- 
ing distinctions seem peculiarly referable to the 
sale of horses. If the purchaser gives what is 
called a sound price, that is, such as from the ap- 
pearance and nature of the horse would be a fair 
and full price for it, if it were in fact free from 
blemish and vice, and he afterwards discovers it 
to be unsound or vicious, and he returns it in a 
reasonable time, he may recover back the price he 
has paid, in- an action against the seller for so 
much money had and received to his use, pro- 
vided he can prove the seller knew of the unsound- 
ness or vice at the time of the sale; for the con- 
cealment of such a material circumstance is a 
fraud, which vacates the contract. But if a horse 
is sold with an express warranty by the seller that 
it is sound and free from vice, the buyer may main- 
tain an action upon this warranty of special con- 
22 Chitty’s Blackstone, II, 
451. 
